(a) a carrier within the meaning of the Telecommunications Act 1997; or

a carriage service provider within the meaning of that Act.

communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).

constable assisting, in relation to a warrant, means:

a person who is a constable and who is assisting in executing the warrant; or

a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant.

data held in a computer includes:

data held in any removable data storage device for the time being held in a computer; or

data held in a data storage device on a computer network of which the computer forms a part.

digital asset means:

a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:

a type of distributed ledger technology; or

another distributed cryptographically verifiable data structure; or

a right or thing prescribed by the regulations;

but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part.

electronic service has the same meaning as in the Online Safety Act 2021.

emergency situation means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person’s life, health or safety that requires the executing officer and constables assisting to leave the premises.

evidential material means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form.

executing officer, in relation to a warrant, means:

the constable named in the warrant by the issuing officer as being responsible for executing the warrant; or

if that constable does not intend to be present at the execution of the warrant—another constable whose name has been written in the warrant by the constable so named; or

another constable whose name has been written in the warrant by the constable last named in the warrant.

frisk search means:

a search of a person conducted by quickly running the hands over the person’s outer garments; and

an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

issuing officer, in relation to a warrant to search premises or a person or a warrant for arrest under this Part, means:

a magistrate; or

a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants or warrants for arrest, as the case may be.

magistrate, in sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB, has a meaning affected by section 3CA.

offence means:

(a) an offence against a law of the Commonwealth (other than the Defence Force Discipline Act 1982); or

an offence against a law of a Territory; or

a State offence that has a federal aspect.

ordinary search means a search of a person or of articles in the possession of a person that may include: requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and an examination of those items. police station includes: a police station of a State or Territory; and a building occupied by the Australian Federal Police.

requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

an examination of those items.

police station includes:

a police station of a State or Territory; and

a building occupied by the Australian Federal Police.

premises includes a place and a conveyance.

recently used conveyance means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.

seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

seize, for a digital asset, has a meaning affected by subsection 3FA(8).

serious offence means an offence: that is punishable by imprisonment for 2 years or more; and that is one of the following: a Commonwealth offence; an offence against a law of a State that has a federal aspect; an offence against a law of a Territory; and that is not a serious terrorism offence.

that is punishable by imprisonment for 2 years or more; and

that is one of the following:

a Commonwealth offence;

an offence against a law of a State that has a federal aspect;

an offence against a law of a Territory; and

that is not a serious terrorism offence.

serious terrorism offence means:

(a) a terrorism offence (other than offence against Criminal Code); orsection 102.8, Division 104, Division 105 or section 112.7 of the

an offence against a law of a State:

that has a federal aspect; and

(ii) that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against Criminal Code); orsection 102.8, Division 104, Division 105 or section 112.7 of the

(c) an offence against a law of a Territory that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against Criminal Code).section 102.8, Division 104, Division 105 or section 112.7 of the

strip search means a search of a person or of articles in the possession of a person that may include: requiring the person to remove all of his or her garments; and an examination of the person’s body (but not of the person’s body cavities) and of those garments.

requiring the person to remove all of his or her garments; and

an examination of the person’s body (but not of the person’s body cavities) and of those garments.

telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.

warrant means a warrant under this Part.

warrant premises means premises in relation to which a warrant is in force.

an electronic service has accounts for end-users; and

either:

a person holds an account with the electronic service; or

a person is, or is likely to be, a user of an account with the electronic service; and

the person can (with the use of appropriate equipment) access particular data provided by the service;

the data is account-based data in relation to the person.

an electronic service has accounts for end-users; and

either:

a deceased person held, before the person’s death, an account with the electronic service; or

a deceased person, before the person’s death, was, or was likely to be, a user of an account with the electronic service; and

the deceased person could, before the person’s death (with the use of appropriate equipment), access particular data provided by the service;

the data is account-based data in relation to the deceased person.

the search of premises; or

arrest and related matters; or

the stopping, detaining or searching of conveyances or persons; or

the seizure of things; or

the requesting of information or documents from persons.

the search of premises; or

arrest and related matters; or

the stopping, detaining or searching of conveyances or persons; or

the seizure of things; or

the requesting of information or documents from persons;

in relation to offences against a law of that Territory.

the offence to which the warrant relates; and

a description of the premises to which the warrant relates or the name or description of the person to whom it relates; and

the kinds of evidential material that are to be searched for under the warrant; and

the name of the constable who, unless he or she inserts the name of another constable in the warrant, is to be responsible for executing the warrant; and

the time at which the warrant expires (see subsection (5A)); and

whether the warrant may be executed at any time or only during particular hours.

that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

evidential material in relation to an offence to which the warrant relates; or

a thing relevant to another offence that is an indictable offence; or

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

if the executing officer or a constable assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

that the warrant authorises the seizure of a digital asset if paragraphs 3FA(1)(a) to (c) are satisfied; and

whether the warrant authorises an ordinary search or a frisk search of a person who is at or near the premises when the warrant is executed if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

that the warrant authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph (5)(c)) found, in the course of the search, on or in the possession of the person or in a recently used conveyance, being a thing that the executing officer or a constable assisting believes on reasonable grounds to be:

evidential material in relation to an offence to which the warrant relates; or

a thing relevant to another offence that is an indictable offence; or

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

if the executing officer or a constable assisting believes on reasonable grounds that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence; and

that the warrant authorises the seizure of a digital asset if paragraphs 3FA(2)(a) to (c) are satisfied; and

the kind of search of a person that the warrant authorises.

subsections (1) and (2) referred to 48 hours rather than 72 hours; and

paragraph (5)(e) required the issuing officer to state in the warrant the period for which the warrant is to remain in force, which must not be more than 48 hours.

issue a warrant in relation to premises or a person in that State or Territory; or

issue a warrant in relation to premises or a person in an external Territory; or

issue a warrant in relation to premises or a person in another State or internal Territory (including the ) if he or she is satisfied that there are special circumstances that make the issue of the warrant appropriate; or

issue a warrant in relation to a person wherever the person is in or in an external Territory if he or she is satisfied that it is not possible to predict where the person may be.

to enter the warrant premises and, if the premises are a conveyance, to enter the conveyance, wherever it is; and

to search for and record fingerprints found at the premises and to take samples of things found at the premises for forensic purposes; and

to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and

to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

evidential material in relation to an offence to which the warrant relates; or

evidential material in relation to another offence that is an indictable offence; or

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items; and

if the warrant so allows—to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and

to:

seize things of that kind; or

record fingerprints from things; or

to take forensic samples from things;

found in the course of the search; and

to seize other things found on or in the possession of the person or in the conveyance in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

evidential material in relation to an offence to which the warrant relates; or

a thing relevant to another offence that is an indictable offence; or

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.

to use:

a computer, or data storage device, found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data is evidential material of a kind specified in the warrant; and

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

to copy any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant data is evidential material of a kind specified in the warrant; or

is evidential material of a kind specified in the warrant; and

to do any other thing reasonably incidental to any of the above.

to use:

a computer found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment;

for the purpose of obtaining access to data (the relevant account-based data) that is account-based data in relation to:

a person who is the owner or lessee of the computer mentioned in subparagraph (i); or

a person who uses or has used the computer mentioned in subparagraph (i); or

a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or

a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);

in order to determine whether the relevant account-based data is evidential material of a kind specified in the warrant; and

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and

if, having regard to other methods (if any) of obtaining access to the relevant account-based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant account-based data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

to copy any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant account-based data is evidential material of a kind specified in the warrant; or

is evidential material of a kind specified in the warrant; and

to do any other thing reasonably incidental to any of the above.

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

cause any other material loss or damage to other persons lawfully using a computer.

at the premises; or

at any other place.

in the presence of the person; or

at any other place.

in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and

the executing officer or a constable assisting reasonably suspects the digital asset to be:

evidential material in relation to an offence to which the warrant relates; or

evidential material in relation to another offence that is an indictable offence; or

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and

the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset’s concealment, loss or destruction or its use in committing an offence.

Warrant in relation to person—authority to seize digital assets

in the course of exercising powers under this Part, the executing officer or a constable assisting finds one or more things that suggest the existence of the digital asset; and

the executing officer or a constable assisting reasonably suspects the digital asset to be:

evidential material in relation to an offence to which the warrant relates; or

evidential material in relation to another offence that is an indictable offence; or

(iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act); and

the executing officer or a constable assisting reasonably suspects that seizing the digital asset is necessary to prevent the digital asset’s concealment, loss or destruction or its use in committing an offence.

Use of electronic equipment etc. to seize a digital asset etc.

to use:

a computer, or data storage device, found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of seizing a digital asset under the warrant; and

if necessary to achieve that purpose—to add, copy, delete or alter data in the computer or device mentioned in subparagraph (a)(i); and

if it is reasonable in all the circumstances to do so for the purpose of seizing a digital asset under the warrant:

to use any other computer or a communication in transit; and

if necessary to achieve that purpose—to add, copy, delete or alter data in the other computer or the communication in transit; and

to do any other thing reasonably incidental to any of the above.

Use of electronic equipment etc. to access data to determine the existence of a digital asset that may be seized etc.

to use:

a computer, or data storage device, found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is held in the computer or device mentioned in subparagraph (i) at any time when the warrant is in force, in order to determine whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or device mentioned in subparagraph (a)(i); and

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and

to copy any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant data suggests the existence of a digital asset that may be seized under the warrant; or

suggests the existence of a digital asset that may be seized under the warrant; and

to do any other thing reasonably incidental to any of the above.

to use:

a computer found in the course of a search authorised under the warrant; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment;

for the purpose of obtaining access to data (the relevant account-based data) that is account-based data in relation to:

a person who is the owner or lessee of the computer mentioned in subparagraph (i); or

a person who uses or has used the computer mentioned in subparagraph (i); or

a deceased person who, before the person’s death, was the owner or lessee of the computer mentioned in subparagraph (i); or

a deceased person who, before the person’s death, used the computer mentioned in subparagraph (i);

in order to determine whether the relevant account-based data suggests the existence of a digital asset that may be seized under the warrant; and

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the computer mentioned in subparagraph (a)(i); and

if, having regard to other methods (if any) of obtaining access to the relevant account-based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant account-based data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the other computer or the communication in transit; and

to copy any data to which access has been obtained, and that:

appears to be relevant for the purposes of determining whether the relevant account-based data suggests the existence of a digital asset that may be seized under the warrant; or

suggests the existence of a digital asset that may be seized under the warrant; and

to do any other thing reasonably incidental to any of the above.

Limitation

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the addition, deletion or alteration, or the doing of the thing, is necessary to do one or more of the things specified in the warrant; or

cause any other material loss or damage to other persons lawfully using a computer.

Operation of electronic equipment to seize a digital asset

for a warrant in relation to premises—to operate electronic equipment at the premises for the purpose of seizing a digital asset under the warrant; and

if electronic equipment is moved to another place under subsection 3K(2)—to operate the equipment for the purpose of seizing a digital asset under the warrant.

Additional ways of seizing digital assets

transferring the digital asset from an existing digital wallet (or some other thing) to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;

transferring the digital asset:

from a digital wallet (or some other thing) recreated or recovered by the Australian Federal Police or a police force or police service of a State or Territory using things found in the course of the search authorised by the warrant; and

to a digital wallet (or other thing) controlled by the Australian Federal Police or a police force or police service of a State or Territory;

transferring the digital asset in circumstances prescribed by regulations made for the purposes of this paragraph.

Time limit for seizing digital assets etc.

if the thing is moved to another place under subsection 3K(2)—the time applicable under subsection 3K(3A) or that time as previously extended as described in subsection 3K(3B); or

if the thing is seized under this Division—any time that the thing must be returned as described in Subdivision B of Division 4C of this Part; or

if the thing is data that is copied under this Division—the time the Commissioner is satisfied that the data is not required (or is no longer required):

for a purpose mentioned in section 3ZQU; or

for other judicial or administrative review proceedings; or

otherwise—the end of the period of 30 days starting on the day the warrant is issued.

For example, if 2 or more things referred to in paragraph (1)(a) or (2)(a) suggest the existence of the digital asset, seizure of the digital asset may occur during the longest period that applies to the digital asset as a result of the application of this subsection in relation to each of those things.

a digital asset is seized, as described in this section, at the premises or at any other place; or

a thing mentioned in subsection (3), (4) or (5) is done at the premises or at any other place.

a digital asset is seized, as described in this section, in the presence of the person or at any other place; or

a thing mentioned in subsection (3), (4) or (5) is done in the presence of the person or at any other place.

for a purpose incidental to the execution of the warrant; or

if the occupier of the premises consents in writing;

take photographs (including video recordings) of the premises or of things at the premises.

for not more than one hour; or

if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section 3JA; or

for a longer period if the occupier of the premises consents in writing.

the execution of a warrant is stopped by an order of a court; and

the order is later revoked or reversed on appeal; and

the warrant is still in force;

the execution of the warrant may be completed.

a warrant in relation to premises is being executed; and

there is an emergency situation; and

the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);

he or she may apply to an issuing officer for an extension of that period.

the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

the extension would not result in the period ending after the expiry of the warrant.

both of the following apply:

it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;

the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or

for a thing found at warrant premises—the occupier of the premises consents in writing; or

for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.

Notification of examination or processing and right to be present

inform the person referred to in paragraph (2)(b) or (c) (as the case requires) of the address of the place and the time at which the examination or processing will be carried out; and

allow that person or his or her representative to be present during the examination or processing.

(3AA) The executing officer need not comply with paragraph (3)(a) or (b) if he or she believes on reasonable grounds that to do so might:

endanger the safety of a person; or

prejudice an investigation or prosecution.

Time limit on moving a thing

if the thing is a computer or data storage device—30 days;

otherwise—14 days.

if the thing is a computer or data storage device—14 days;

otherwise—7 days.

Equipment at warrant premises may be operated

the equipment is suitable for the examination or processing; and

the examination or processing can be carried out without damage to the equipment or the thing.

Extended powers of examination and processing

using:

the relevant computer or device; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment; or

a data storage device;

for the purpose of obtaining access to data (the relevant data) that is held in the relevant computer or device in order to determine whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer or device; and

if, having regard to other methods (if any) of obtaining access to the relevant data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer or device is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

to do any other thing reasonably incidental to any of the above.

using:

the relevant computer; or

a telecommunications facility operated or provided by the Commonwealth or a carrier; or

any other electronic equipment;

for the purpose of obtaining access to data (the relevant account-based data) that is account-based data in relation to:

a person who is the owner or lessee of the relevant computer; or

a person who uses or has used the relevant computer; or

a deceased person who, before the person’s death, was the owner or lessee of the relevant computer; or

a deceased person who, before the person’s death, used the relevant computer;

in order to determine whether the relevant computer is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

if necessary to achieve the purpose mentioned in paragraph (a)—to add, copy, delete or alter other data in the relevant computer; and

if, having regard to other methods (if any) of obtaining access to the relevant account-based data which are likely to be as effective, it is reasonable in all the circumstances to do so:

to use any other computer or a communication in transit to access the relevant account-based data; and

if necessary to achieve that purpose—to add, copy, delete or alter other data in the computer or the communication in transit; and

to copy any data to which access has been obtained, and that appears to be relevant for the purposes of determining whether the relevant computer is a thing that may be seized under the warrant or a thing that suggests the existence of a digital asset that may be seized under the warrant; and

to do any other thing reasonably incidental to any of the above.

materially interfere with, interrupt or obstruct:

a communication in transit; or

the lawful use by other persons of a computer;

unless the addition, deletion or alteration, or the doing of the thing, is necessary to determine:

in the case of subsection (5)—whether the relevant computer or device is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or

in the case of subsection (6)—whether the relevant computer is a thing that may be seized under the warrant, or a thing that suggests the existence of a digital asset that may be seized under the warrant, referred to in that subsection; or

cause any other material loss or damage to other persons lawfully using a computer.

at the premises; or

at any other place.

in the presence of the person; or

at any other place.

copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device brought to the premises; or

if the occupier of the premises agrees in writing—copy any or all of the data accessed by operating the electronic equipment to a disk, tape or other associated device at the premises;

and take the device from the premises.

the executing officer or constable assisting takes the device from the premises; and

the Commissioner is satisfied that the data is not required (or is no longer required) for a purpose mentioned in section 3ZQU or for other judicial or administrative review proceedings;

the Commissioner must arrange for:

the removal of the data from any device in the control of the Australian Federal Police; and

the destruction of any other reproduction of the data in the control of the Australian Federal Police.

seize the equipment and any disk, tape or other associated device; or

if the material or thing can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material or thing in that form and seize the documents so produced.

it is not practicable to copy the data as mentioned in subsection (1A) or to put the material or thing in documentary form as mentioned in paragraph (2)(b); or

possession by the occupier of the equipment could constitute an offence.

evidential material may be accessible by operating electronic equipment at the premises; and

expert assistance is required to operate the equipment; and

if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard or otherwise.

for a period not exceeding 24 hours; or

until the equipment has been operated by the expert;

whichever happens first.

access data (including data held at another place); or

access account-based data.

the removal of the data from any device in the control of the Australian Federal Police; and

the destruction of any other reproduction of the data in the control of the Australian Federal Police.

seize the equipment and any disk, tape or other associated device; or

if the material or thing can be put in documentary form—put the material or thing in that form and seize the documents so produced.

it is not practicable to copy the data as mentioned in subsection (2) or to put the material or thing in documentary form as mentioned in paragraph (4)(b); or

possession of the equipment, by the person referred to in paragraph 3K(2)(b) or (c) (as the case requires), could constitute an offence.

access data held in, or accessible from, a computer or data storage device that:

is on warrant premises; or

is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 3E; or

has been moved under subsection 3K(2) and is at a place for examination or processing; or

has been seized under this Division;

copy data held in, or accessible from, a computer, or data storage device, described in paragraph (a) to another data storage device;

convert into documentary form or another form intelligible to a constable:

data held in, or accessible from, a computer, or data storage device, described in paragraph (a); or

data held in a data storage device to which the data was copied as described in paragraph (b); or

data held in a data storage device removed from warrant premises under subsection 3L(1A).

there are reasonable grounds for suspecting that evidential material is held in, or is accessible from, the computer or data storage device; and

the specified person is:

reasonably suspected of having committed the offence stated in the relevant warrant; or

the owner or lessee of the computer or device; or

an employee of the owner or lessee of the computer or device; or

a person engaged under a contract for services by the owner or lessee of the computer or device; or

a person who uses or has used the computer or device; or

a person who is or was a system administrator for the system including the computer or device; and

the specified person has relevant knowledge of:

the computer or device or a computer network of which the computer or device forms or formed a part; or

measures applied to protect data held in, or accessible from, the computer or device.

the computer or data storage device that is the subject of the order is seized under this Division; and

the order was granted on the basis of an application made before the seizure;

the order does not have effect on or after the seizure.

specify the period within which the person must provide the information or assistance; and

specify the place at which the person must provide the information or assistance; and

specify the conditions (if any) determined by the magistrate as the conditions to which the requirement on the person to provide the information or assistance is subject.

Offences

the person is subject to an order under this section; and

the person is capable of complying with a requirement in the order; and

the person omits to do an act; and

the omission contravenes the requirement.

the person is subject to an order under this section; and

the person is capable of complying with a requirement in the order; and

the person omits to do an act; and

the omission contravenes the requirement; and

the offence to which the relevant warrant relates is:

a serious offence; or

a serious terrorism offence.

Additional use of information etc.

data is accessed, in relation to a warrant, under subsection 3L(1) or 3LAA(1); and

either:

if the warrant is in relation to premises—the data is held on premises other than the warrant premises; or

if the warrant is in relation to a person—the data is held on any premises; and

it is practicable to notify the occupier of the premises on which the data is held that the data has been accessed under a warrant;

the executing officer must:

do so as soon as practicable; and

if the executing officer has arranged, or intends to arrange, for continued access to the data under subsection 3L(1A) or (2) or 3LAA(2) or (4)—include that information in the notification.

as a result of equipment being operated as mentioned in subsection 3FA(7) or section 3K, 3L or 3LAA:

damage is caused to the equipment; or

damage is caused to data recorded on the equipment or data access to which was obtained from the operation of the equipment; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

if the equipment was operated under a warrant issued in relation to premises—the occupier of the premises, or the occupier’s employees or agents;

if the equipment was operated under a warrant issued in relation to a person—that person, or that person’s agents.

a document, film, computer file or other thing that can be readily copied; or

a storage device the information in which can be readily copied;

the constable must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure.

the thing that has been seized was seized under subsection 3L(1A) or paragraph 3L(2)(b) or 3LAA(4)(b); or

the thing that has been seized is a digital asset or a thing that suggests the existence of a digital asset; or

the thing embodies data that was accessed under the warrant at a place other than the premises; or

possession by the occupier of the document, film, computer file, thing or information could constitute an offence.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

may require communication by voice to the extent that it is practicable in the circumstances; and

may make a recording of the whole or any part of any such communication by voice.

a warrant in the terms of the application should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effective execution of the warrant;

the issuing officer may complete and sign the same form of warrant that would be issued under section 3E.

it is material, in any proceedings, for a court to be satisfied that the exercise of a power under a warrant issued under this section was duly authorised; and

the form of warrant signed by the issuing officer is not produced in evidence;

the court is to assume, unless the contrary is proved, that the exercise of the power was not duly authorised.

a thing relevant to an indictable offence is in or on a conveyance; and

it is necessary to exercise a power under subsection (2) in order to prevent the thing from being concealed, lost or destroyed; and

it is necessary to exercise the power without the authority of a search warrant because the circumstances are serious and urgent.

stop and detain the conveyance; and

search the conveyance and any container in or on the conveyance, for the thing; and

seize the thing if he or she finds it there.

it is necessary to seize it in order to prevent its concealment, loss or destruction; and

it is necessary to seize it without the authority of a search warrant because the circumstances are serious and urgent.

the person is in a Commonwealth place (other than a prescribed security zone) and the officer suspects on reasonable grounds that the person might have just committed, might be committing or might be about to commit, a terrorist act; or

the person is in a Commonwealth place in a prescribed security zone.

the person’s name;

the person’s residential address;

the person’s reason for being in that particular Commonwealth place;

evidence of the person’s identity.

makes a request under subsection (1); and

informs the person:

of the officer’s authority to make the request; and

that it may be an offence not to comply with the request;

the person commits an offence if:

the person fails to comply with the request; or

the person gives a name or address that is false in a material particular.

stop and detain the person for the purpose of conducting a search under paragraph (b); and

conduct one of the following searches for a terrorism related item:

an ordinary search or a frisk search of the person;

a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person’s immediate control;

a search of any vehicle that is operated or occupied by the person;

a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place.

Informing a person of a right to make a complaint

the Commonwealth Ombudsman; or

a State or Territory police oversight body;

about the conduct of the police officer in exercising the powers conferred by this section.

the person has been given a reasonable opportunity to open the thing or part of it; or

it is not possible to give that opportunity.

it is necessary to exercise a power under subsection (2) in order to prevent a thing that is on the premises from being used in connection with a terrorism offence; and

it is necessary to exercise the power without the authority of a search warrant because there is a serious and imminent threat to a person’s life, health or safety.

search the premises for the thing; and

seize the thing if he or she finds it there.

in order to protect a person’s life, health or safety; and

without the authority of a search warrant because the circumstances are serious and urgent.

the police officer may use such assistance; and

the police officer, or a person who is also a police officer and who is assisting the police officer, may use such force against persons and things; and

a person (other than a police officer) who is authorised by the police officer to assist the police officer may use such force against things;

as is necessary and reasonable in the circumstances.

Notification

notify the occupier of the premises that the entry has taken place; or

if it is not practicable so to notify the occupier—leave a written notice of the entry at the premises.

(a) apply to an assessment officer for a warrant (a post-entry warrant) under this section in relation to the entry to the premises; and

do so as soon as practicable after the exercise, or purported exercise, of powers under section 3UEA in relation to the premises.

be in writing; and

(b) set out:

the nature of the matters suspected by the police officer for the purposes of paragraphs 3UEA(1)(a) and (b); and

the grounds on which the police officer held the suspicion; and

state whether the police officer is:

(i) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

a special member (within the meaning of that Act); or

a member, however described, of a police force of a State or Territory; and

if the police officer is a member mentioned in subparagraph (c)(iii) of this subsection—identify the relevant State or Territory; and

state the police officer’s name, rank, identification number (however described) and police station (if applicable and necessary); and

(f) state the police officer’s contact details, including details of how the assessment officer may give to the police officer the following:

any request in writing under subsection (4) of this section for information or documents;

the post-entry warrant or a notice of refusal to issue the warrant; and

if the police officer is a member, or special member, mentioned in subparagraph (c)(i) or (ii) of this subsection—include details of how the assessment officer may give to the Commissioner the post-entry warrant or a notice of refusal to issue the warrant; and

if the police officer is a member mentioned in subparagraph (c)(iii) of this subsection—include details of how the assessment officer may give to the Commissioner of Police in the police force of the relevant State or Territory, or the person holding equivalent rank, the post-entry warrant or a notice of refusal to issue the warrant; and

set out any information that:

is known to the police officer; and

the police officer considers may assist the assessment officer to give, to any current or former owners or occupiers of the premises who have been affected by the exercise, or purported exercise, of the powers under section 3UEA in relation to the premises, the post-entry warrant or a notice of refusal to issue the warrant; and

set out the time, date and place of the entry; and

set out any other information, and be accompanied by any documents, the police officer considers relevant to the application.

of the information or documents that cannot be provided; and

of the reasons why the information or documents cannot be provided.

issue the post-entry warrant if, and only if, the assessment officer is satisfied, on the balance of probabilities, that in entering the premises the police officer suspected, on reasonable grounds, the matters mentioned in paragraphs 3UEA(1)(a) and (b); and

otherwise, refuse to issue the post-entry warrant.

the information mentioned in paragraphs (2)(c), (d), (e) and (j);

a statement of the reasons for issuing the warrant;

a statement that the warrant has been issued under this section.

Notification requirements

the assessment officer must give written notice of the refusal to the persons mentioned in subsection (12) as soon as reasonably practicable after refusing to issue the warrant; and

the notice must include a statement of reasons for refusing to issue the warrant; and

in the case of a notice given to a person mentioned in paragraph (12)(d)—the notice must also contain information about any right the person may have to:

(i) make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976; or

take civil or other action;

in relation to the entry to the premises or the exercise, or purported exercise, of powers under section 3UEA in relation to the premises.

the police officer;

(b) if the police officer is a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979) or a special member (within the meaning of that Act)—the Commissioner;

if the police officer is a member, however described, of a police force of a State or Territory—the Commissioner of Police in that police force or the person holding equivalent rank;

any current or former owners or occupiers of the premises:

whom the assessment officer considers have been affected by the exercise, or purported exercise, of the powers under section 3UEA in relation to the premises; and

to whom the assessment officer considers it is practicable to give the post-entry warrant or notice of refusal (as the case requires).

Protection of information

the owner of the thing; or

if the owner of the thing cannot be identified after reasonable inquiries—the person from whom the thing was seized.

both:

the owner of the thing cannot be identified after reasonable inquiries; and

the thing was not seized from a person; or

it is not possible to serve the person required to be served under subsection (1).

identify the thing; and

state the date on which the thing was seized; and

state the ground or grounds on which the thing was seized; and

state that, if the owner does not request the return of the thing within 90 days after the date of the notice, the thing is forfeited to the Commonwealth.

Forfeiture of thing seized

before the end of the 90th day after the date of the seizure notice in relation to the thing; or

if subsection (2) applied in relation to the thing so that a seizure notice was not served—before the end of the 90th day after the day on which the thing was seized.

in preventing a terrorist act occurring; or

in responding to a terrorist act that has occurred.

whether the impact of the declaration on the rights of persons in the Commonwealth place would be:

reasonable; and

proportionate to that ground; and

the appropriate duration of the declaration; and

in the case of a declaration made on the ground mentioned in paragraph (1)(a)—the availability and effectiveness of any powers that:

are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

would assist in preventing a terrorist act occurring; and

in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the availability and effectiveness of any powers that:

are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

would assist in responding to a terrorist act that has occurred; and

in the case of a declaration that is one of a series of successive declarations under subsection (1) in relation to the Commonwealth place—the impact and proportionality of that series of successive declarations; and

such other matters (if any) as the Minister considers relevant.

Declaration has effect

at the end of 28 days after it is made; or

if a shorter period is specified in the declaration—at the end of the shorter period;

unless the declaration is revoked by the Minister before then.

Revocation of declaration

in the case of a declaration made on the ground mentioned in paragraph (1)(a)—there is no longer a terrorism threat that justifies the declaration being continued; or

in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the declaration is no longer required.

Gazettal and publication of declaration

a statement to be prepared that:

states that the declaration has been made or revoked, as the case may be; and

identifies the prescribed security zone; and

the statement to be:

broadcast by a television or radio station so as to be capable of being received within the place; and

(ii) published in the Gazette; and

published on the internet.

Notification of declaration

as soon as practicable after that time; and

in any event, within 72 hours after that time;

arrange for:

a statement to be prepared that:

states that the declaration has been made; and

identifies the prescribed security zone; and

the statement to be given to:

the Commonwealth Ombudsman; and

the Independent National Security Legislation Monitor; and

the Parliamentary Joint Committee on Intelligence and Security.

Reasons for making determination

give the Parliamentary Joint Committee on Intelligence and Security a written statement setting out the reasons for the making of the declaration; and

do so as soon as practicable after the declaration was made.

Effect of failure to publish or notify

the Minister;

the Independent National Security Legislation Monitor;

the Parliamentary Joint Committee on Intelligence and Security.

the number of instances when an AFP police officer (or officers) exercised a power under section 3UE, 3UEA or 3UF; and

the circumstances in which an AFP police officer (or officers) exercised powers under section 3UC or 3UD.

for section 3UC—requirement to provide names etc.;

for section 3UD—stopping and searching;

for section 3UE—seizure of terrorism related items and serious offence related items;

for section 3UEA—emergency entry to premises without a warrant;

for section 3UF—seizure notices.

the number of instances when an AFP police officer (or officers) exercised a power under section 3UE, 3UEA or 3UF;

the number of incidents when an AFP police officer (or officers) exercised powers under section 3UC or 3UD;

the number of applications made under section 3UI for declarations that Commonwealth places are prescribed security zones;

the number of declarations made under section 3UJ that Commonwealth places are prescribed security zones;

the number of applications made by AFP police officers under section 3UEB for post-entry warrants;

the number of post-entry warrants issued under section 3UEB in response to applications made by AFP police officers;

the number of refusals to issue a post-entry warrant under section 3UEB in response to applications made by AFP police officers.

a person:

who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and

in relation to whom a consent under subsection 3UJD(1), and a declaration under subsection 3UJD(2), are in force; or

a nominated ART member.

Deputy President;

a senior member appointed on a salaried basis.

is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

has been so enrolled for not less than 5 years.

the nominated ART member ceases to hold an appointment described in subsection (1); or

the ART Minister, by writing, withdraws the nomination.

Subdivision D—Sunset provision

Adelaide Airport;

Alice Springs Airport;

Brisbane Airport;

Canberra Airport;

Darwin International Airport;

Gold Coast Airport;

Hobart International Airport;

Launceston Airport;

Melbourne (Tullamarine) Airport;

Perth Airport;

Sydney (Kingsford-Smith) Airport;

Townsville Airport;

an airport determined by the Minister under section 3UO.

(a) for an airport mentioned in paragraphs (1)(a) to (l)—the place made up of the land described in relation to the airport in regulations made for the purposes of the definition of airport site in section 5 of the Airports Act 1996; and

for an airport determined by the Minister under section 3UO—the place made up of the land described in the determination in relation to the airport; and

for any airport mentioned in subsection (1)—any building, structure, installation or equipment situated on the relevant land mentioned in paragraph (a) or (b) of this subsection.

the public order of the airport, or flights to and from the airport; or

the safety of persons at the airport, or on flights to and from the airport; or

the safe operation of the airport, or flights to and from the airport.

flights that start or end in a Territory;

flights between Australia and a foreign country in which aircraft are used in the course of trade or commerce, for the carriage of passengers;

flights between one State and another State in which aircraft are used in the course of trade or commerce, for the carriage of passengers.

the direction is given at a major airport; and

the constable or officer:

suspects on reasonable grounds that the person has committed, is committing, or intends to commit an offence against a law of the Commonwealth or a Territory, or a law of a State having a federal aspect, punishable by imprisonment for 12 months or more; or

considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.

Evidence of identity

producing a government photographic identity document issued in relation to the person; or

if the person does not produce such a document—producing:

another identity document in relation to the person; or

if so directed by the constable or officer—2 different identity documents in relation to the person; or

if the person does not produce an identity document (or documents) under paragraph (a) or (b)—giving the constable or officer the person’s name, address and date of birth.

the direction is given at a major airport; and

one or more of the following applies:

the constable or officer considers on reasonable grounds that the person has contravened a direction given at that airport under section 3UP (identity information at airports) or section 3US (stop and directions powers at airports), and the constable or officer is not reasonably satisfied of the person’s identity;

(ii) the constable or officer suspects on reasonable grounds that it is necessary to give the direction to prevent or disrupt relevant criminal activity occurring at any major airport, or in relation to a flight to or from any major airport;

the constable or officer considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.

a law of the Commonwealth or a Territory;

a law of a State having a federal aspect.

What type of direction may be given?

not to take a specified flight, or any flight, to or from that airport, or any specified major airport, for a specified period of no more than 24 hours after the direction is given;

to leave the airport as soon as practicable, and not enter that airport, or any other specified major airport, for a specified period of no more than 24 hours after the direction is given.

having the rank of sergeant or an equivalent rank, or higher; or

with formal authorisation to act as a constable having such a rank.

details to enable the person to contact a Federal Court registry in the State or Territory in which the direction is given, or a requirement for the constable or officer giving the direction to include such details;

any other information the Minister considers appropriate to assist the person to make such applications, for example information relating to the procedure for urgent or expedited applications.

Restriction on later directions within 7 days

subsection (1) applies (or continues to apply) in relation to the person at the time the later direction is given; and

the later direction is given, or authorised (orally or in writing), by a senior police officer; and

no more than one later direction under this section is given within that 7-day period; and

the later direction covers a period that would end no later than 7 days after the earlier direction was given, at the same time of day at the place at which the earlier direction was given.

the direction is given at a major airport; and

the constable or officer considers on reasonable grounds that it is necessary to give the direction to facilitate the exercise of a power under section 3UP (identity information at airports) or section 3UQ (move-on directions at airports).

to stop; or

to do anything else the constable or officer considers on reasonable grounds to be necessary to facilitate the exercise of a power under section 3UP or 3UQ.

section 3UP (identity information at airports); or

section 3UQ (move-on directions at airports).

Evidence of constable’s or protective service officer’s status or identity etc.

if not in uniform—before the direction is given, show the person evidence that the constable is a constable, or that the officer is an officer; and

if the person so requests before or after the direction is given—comply with subsection (3); and

in any case—before the direction is given, inform the person that it may be an offence not to comply with the direction, or to give the constable or officer a false or misleading document, or false or misleading information, in response to the direction.

the constable’s or officer’s name;

the address of the constable’s or officer’s place of duty;

the constable’s or officer’s identification number (if any);

if the constable or officer has no identification number—the constable’s or officer’s rank.

the person is given a direction by a constable or protective service officer under:

section 3UP (identity information at airports); or

section 3UQ (move-on directions at airports); or

section 3US (stop and directions powers at airports); and

the person engages in conduct; and

the conduct contravenes the direction; and

in the case of a direction given under section 3UP or 3UQ—the constable or officer complies with section 3UT (constables’ and protective service officers’ duties at airports).

(a) giving false or misleading information (see Criminal Code);section 137.1 of the

(b) producing a false or misleading document (see Criminal Code);section 137.2 of the

(c) obstructing a Commonwealth public official (see Criminal Code).section 149.1 of the

Failure by constable or protective service officer to give status or identity information etc.

the person is subject to a requirement under section 3UT (constables’ and protective service officers’ duties at airports); and

the person engages in conduct; and

the conduct breaches the requirement.

do an act; or

omit to perform an act.

the operation, effectiveness and implications of this Division; and

security matters relating to major airports.

makes a request of a person under subsection (1); and

informs the person of the reason for the request; and

complies with subsection (3) if the person makes a request under that subsection;

the person must not:

refuse or fail to comply with the request; or

give a name or address that is false in a material particular.

his or her name or the address of his or her place of duty; or

his or her name and that address; or

if he or she is not in uniform and it is practicable for the constable to provide the evidence—evidence that he or she is a constable;

the constable must not:

refuse or fail to comply with the request; or

give a name or address that is false in a material particular.

the person has committed or is committing the offence; and

proceedings by summons against the person would not achieve one or more of the following purposes:

ensuring the appearance of the person before a court in respect of the offence;

preventing a repetition or continuation of the offence or the commission of another offence;

preventing the concealment, loss or destruction of evidence relating to the offence;

preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;

preventing the fabrication of evidence in respect of the offence;

preserving the safety or welfare of the person.

a person has been arrested for an offence under subsection (1); and

before the person is charged with the offence, the constable in charge of the investigation ceases to believe on reasonable grounds:

that the person committed the offence; or

that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);

the person must be released.

the person has committed or is committing the offence; and

proceedings by summons against the person would not achieve one or more of the following purposes:

ensuring the appearance of the person before a court in respect of the offence;

preventing a repetition or continuation of the offence or the commission of another offence;

preventing the concealment, loss or destruction of evidence relating to the offence;

preventing harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence;

preventing the fabrication of evidence in respect of the offence;

preserving the safety or welfare of the person.

a person has been arrested for an offence under subsection (1); and

before the person is charged with the offence, the constable in charge of the investigation ceases to suspect on reasonable grounds:

that the person committed the offence; or

that holding the person in custody is necessary to achieve a purpose referred to in paragraph (1)(b);

the person must be released.

authorising any constable to convey the person to a prison or other place of detention specified in the warrant; and

directing that the person, having been conveyed to that place in accordance with the warrant, be detained there to undergo the term of imprisonment or other detention that the person is required by law to undergo.

release the person unconditionally; or

admit the person to bail on such recognisances as the court thinks fit to appear again before the same court at such time as the court orders; or

if the condition was not imposed by the Federal Court of Australia—remand the person in custody for a reasonable time pending the obtaining of a warrant for the apprehension of the person from the State or Territory in which the condition was imposed; or

if the condition was imposed by the Federal Court of Australia—remand the person in custody for a reasonable time pending the obtaining of a warrant for the apprehension of the person from that Court.

the other person is committing or has just committed an indictable offence; and

proceedings by summons against the other person would not achieve one or more of the purposes referred to in paragraph 3W(1)(b).

the information is on oath; and

except where the issuing officer is informed that the warrant is sought for the purpose of making a request for the extradition of a person from a foreign country—the informant has given the issuing officer an affidavit setting out the reasons why the warrant is sought, including:

the reasons why it is believed that the person committed the offence; and

the reasons why it is claimed that proceedings by summons would not achieve one or more of the purposes set out in paragraph 3W(1)(b); and

if the issuing officer has requested further information concerning the reasons for which the issue of the warrant is sought—that information has been provided to the officer; and

the issuing officer is satisfied that there are reasonable grounds for the issue of the warrant.

a constable has, under a warrant, power to arrest a person for an offence; and

the constable believes on reasonable grounds that the person is on any premises;

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.

a constable may, under section 3W or 3WA, arrest a person without warrant for an offence; and

the offence is an indictable offence; and

the constable believes on reasonable grounds that the person is on any premises;

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of searching the premises for the person or arresting the person.

it would not be practicable to arrest the person, either at the dwelling house or elsewhere, at another time; or

it is necessary to do so in order to prevent the concealment, loss or destruction of evidence relating to the offence.

do anything that is likely to cause the death of, or grievous bodily harm to, the person unless the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); or

if the person is attempting to escape arrest by fleeing—do such a thing unless:

the constable believes on reasonable grounds that doing that thing is necessary to protect life or to prevent serious injury to another person (including the constable); and

the person has, if practicable, been called on to surrender and the constable believes on reasonable grounds that the person cannot be apprehended in any other manner.

the other person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or

the other person’s actions make it impracticable for the person making the arrest to inform the other person of the offence for which he or she is being arrested.

if an ordinary search of the person has not been conducted—conduct an ordinary search of the person; or

subject to this section, conduct a strip search of the person.

a constable suspects on reasonable grounds that the person has in his or her possession:

a seizable item; or

evidential material (other than forensic material as defined in Part ID) in relation to that or another offence; and

the constable suspects on reasonable grounds that it is necessary to conduct a strip search of the person in order to recover that item or evidential material; and

a constable of the rank of superintendent or higher has approved the conduct of the search.

in the course of carrying out a strip search, the constable comes to believe on reasonable grounds that the carrying out of a forensic procedure would be likely to produce evidence relating to the offence for which the person has been arrested or any other offence; and

Part ID provides for the carrying out of such a forensic procedure;

the forensic procedure must not be carried out except in accordance with Part ID.

must be conducted in a private area; and

must be conducted by a constable who is of the same sex as the person being searched; and

subject to subsections (3) and (4), must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; and

must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search; and

must not be conducted on a person who is under 10; and

if the person being searched is at least 10 but under 18, or is incapable of managing his or her affairs:

may only be conducted if the person has been arrested and charged or if a magistrate orders that it be conducted; and

must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the person, in the presence of another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person; and

must not involve a search of a person’s body cavities; and

must not involve the removal of more garments than the constable conducting the search believes on reasonable grounds to be necessary to determine whether the person has in his or her possession the item searched for or to establish the person’s involvement in the offence; and

must not involve more visual inspection than the constable believes on reasonable grounds to be necessary to establish the person’s involvement in the offence.

the seriousness of the offence; and

the age or any disability of the person; and

such other matters as the magistrate thinks fit.

take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or

require any other person to submit to the taking of identification material, but nothing in this paragraph prevents such a person consenting to the taking of identification material.

the person consents in writing; or

the constable believes on reasonable grounds that it is necessary to do so to:

establish who the person is; or

identify the person as the person who committed the offence; or

provide evidence of, or relating to, the offence; or

both of the following apply:

the identification material taken, or caused to be taken, is fingerprints or photographs (including video recordings) of the person;

the offence is punishable by imprisonment for a period of 12 months or more; or

the constable suspects on reasonable grounds that the person has committed another offence and the identification material is to be taken for the purpose of identifying the person as the person who committed the other offence or of providing evidence of, or relating to, the other offence.

is at least 10 but under 18, or is incapable of managing his or her affairs; and

has not been arrested and charged;

unless a magistrate orders that the material be taken.

is at least 10 but under 18, or is incapable of managing his or her affairs; and

has not been arrested and charged;

except in accordance with Part ID.

the seriousness of the offence; and

the age or any disability of the person; and

such other matters as the magistrate thinks fit.

is under 18; or

is incapable of managing his or her affairs;

must be done in the presence of:

a parent or guardian of the person; or

if the parent or guardian of the person is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.

is not a suspect; and

is under 10 or is incapable of managing his or her affairs;

if a magistrate orders that the material be taken.

is not a suspect; and

is at least 10 but under 18; and

is capable of managing his or her affairs;

if one of the following paragraphs applies:

the person agrees in writing to the taking of the material and a parent or guardian of the person also agrees in writing or, if a parent or guardian is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person also agrees in writing;

if:

one of those persons agrees in writing to the taking of the material but the other does not; and

a magistrate orders that the material be taken.

is at least 18; and

is capable of managing his or her affairs; and

is not a suspect;

if the person consents in writing.

identification material has been taken from a person under section 3ZJ; and

a period of 12 months has elapsed since the identification material was taken; and

proceedings in respect of an offence to which the investigation material relates have not been instituted or have been discontinued;

the identification material must be destroyed as soon as practicable.

the person is found to have committed an offence to which the identification material relates but no conviction is recorded; or

the person is acquitted of such an offence and:

no appeal is lodged against the acquittal; or

an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;

the identification material must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence to which the identification material relates is pending.

the person to attend a police station; or

that a constable be permitted to attend on the person in a place of detention;

within one month after the conviction to allow impressions of the person’s fingerprints and/or or a photograph of the person to be taken in accordance with the order.

the person is subject to an order under subsection (3A); and

the person engages in conduct; and

the person’s conduct contravenes the order.

do an act; or

omit to perform an act.

may be held if the suspect agrees; or

must be held if:

the suspect has requested that an identification parade be held; and

it is reasonable in the circumstances to do so.

the kind of offence, and the gravity of the offence, concerned;

the likely importance in the circumstances of the evidence of identification;

the practicality of holding an identification parade, having regard, among other things:

if the suspect fails to cooperate in the conduct of the parade—to the manner and extent of, and the reason (if any) for, the failure; and

in any case—to whether an identification was made at or about the time of the commission of the offence; and

the appropriateness of holding an identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.

he or she is entitled to refuse to take part in the parade; and

if he or she refuses to take part in the parade:

evidence of the refusal may be given in later proceedings relating to an offence, for the purpose of explaining why an identification parade was not held; and

evidence may be given in such proceedings of any identification of the suspect by a witness as a result of having seen a photograph or having seen the suspect otherwise than during an identification parade; and

in addition to any requirement under section 3ZN, a legal representative or other person of the suspect’s choice may be present while the person is deciding whether to take part in the parade, and during the holding of the parade, if arrangements for that person to be present can be made within a reasonable time.

the parade must consist of at least 9 persons;

each of the persons who is not the suspect must:

resemble the suspect in age, height and general appearance; and

not have features that will be visible during the parade that are markedly different from those of the suspect as described by the witness before viewing the parade;

unless it is impracticable for another constable to arrange or conduct the parade, no constable who has taken part in the investigation relating to the offence may take part in the arrangements for, or the conduct of, the parade;

no person in the parade is to be dressed in a way that would obviously distinguish him or her from the other participants;

if it is practicable to do so, numbers should be placed next to each participant in order to allow the witness to make an identification by indicating the number of the person identified;

the parade may take place so that the witness can view the parade without being seen if the witness requests that it take place in such a manner and:

a legal representative or other person of the suspect’s choice is present with the witness; or

the parade is recorded by a video recording;

nothing is to be done that suggests or is likely to suggest to a witness which member of the parade is the suspect;

if the witness so requests, members of the parade may be required to speak, move or adopt a specified posture but, if this happens, the witness must be reminded that the members of the parade have been chosen on the basis of physical appearance only;

the suspect may select where he or she wishes to stand in the parade;

if more than one witness is to view the parade:

each witness must view the parade alone; and

the witnesses are not to communicate with each other at a time after arrangements for the parade have commenced and before each of them has viewed the parade; and

the suspect may change places in the parade after each viewing;

each witness must be told that:

the suspect may not be in the parade; and

if he or she is unable to identify the suspect with reasonable certainty he or she must say so;

the parade must be recorded by a video recording if it is practicable to do so and, if that is done, a copy of the video recording must be made available to the suspect or his or her legal representative as soon as it is practicable to do so;

if the parade is not recorded by a video recording:

the parade must be photographed in colour; and

a print of a photograph of the parade that is at least 250mm 200mm in size must be made available to the suspect or his or her legal representative; and

the constable in charge of the parade must take all reasonable steps to record everything said and done at the parade and must make a copy of the record available to the suspect or his or her legal representative;

the suspect may have present during the holding of the parade a legal representative or other person of his or her choice if arrangements for that person to be present can be made within a reasonable time.

whether or not evidence of a suspect having refused to take part in an identification parade is admissible;

if evidence of such a refusal is admissible, what inferences (if any) may be drawn by a court or jury from the refusal;

whether, after such a refusal, evidence of alternative methods of identification is admissible.

is at least 10 but under 18; and

is capable of managing his or her affairs;

unless one of the following paragraphs applies:

the suspect agrees to or requests in writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;

if:

one of those persons agrees in writing to the holding of the parade but the other does not; and

a magistrate orders that the parade be held.

the seriousness of the offence; and

the age or any disability of the person; and

such other matters as the magistrate thinks fit.

a parent or guardian of the suspect; or

if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect.

the suspect has refused to take part in an identification parade; or

the suspect’s appearance has changed significantly since the offence was committed; or

the holding of an identification parade would be:

unfair to the suspect; or

unreasonable in the circumstances.

the kind of offence, and the gravity of the offence, concerned;

the likely importance in the circumstances of the evidence of identification;

the practicality of holding an identification parade, having regard, among other things:

if the suspect fails to cooperate in the conduct of the parade—to the manner and extent of, and the reason (if any) for, the failure; and

in any case—to whether an identification was made at or about the time of the commission of the offence; and

the appropriateness of holding an identification parade, having regard, among other things, to the relationship (if any) between the suspect and the person who may make an identification at the identification parade.

the constable must show to the witness photographs or pictures of at least 9 different persons;

each photograph or picture of a person who is not the suspect must be of a person who:

resembles the suspect in age and general appearance; and

does not have features visible in the photograph or picture that are markedly different from those of the suspect as described by the witness before viewing the photographs or pictures;

the photographs or pictures shown to the witness must not suggest that they are photographs or pictures of persons in police custody;

the constable must not, in doing so, act unfairly towards the suspect or suggest to the witness that a particular photograph or picture is the photograph or picture of the suspect or of a person who is being sought by the police in respect of an offence;

if practicable, the photograph or picture of the suspect must have been taken or made after he or she was arrested or was considered as a suspect;

the witness must be told that a photograph or picture of the suspect may not be amongst those being seen by the witness;

the constable must keep, or cause to be kept, a record identifying each photograph or picture that is shown to the witness;

the constable must notify the suspect or his or her legal representative in writing that a copy of the record is available for the suspect;

the constable must retain the photographs or pictures shown, and must allow the suspect or his or her legal representative, upon application, an opportunity to inspect the photographs or pictures.

a photograph or picture of a person who is suspected in relation to the commission of an offence is shown to a witness; and

the photograph was taken or the picture made after the suspect was arrested or was considered to be a suspect; and

proceedings in relation to the offence referred to in paragraph (a) or another offence arising out of the same course of conduct for which the photograph was taken or picture made are brought against the suspect before a jury; and

the photograph or picture is admitted into evidence;

the jury must be informed that the photograph was taken or the picture made after the suspect was arrested or was considered as a suspect.

a suspect comes into custody in respect of the offence; and

an identification parade is to be held in relation to the suspect;

the constable in charge of the investigation of the offence may, unless doing so would be unfair to the suspect or be unreasonable in the circumstances, request the witness to attend the identification parade and make the necessary arrangements for the witness to attend.

a record of a description of a person is made under subsection (1); and

the person is charged with an offence to which the description relates;

a constable must notify the person or his or her legal representative in writing that a copy of the record, and of any other record of a description that the constable knows about of a person who is suspected of being involved in the commission of the offence, is available for the person.

place the person in danger; or

expose the person to harassment or unreasonable interference;

the constable is not required to provide the name of the person.

having suitable professional qualifications or experience to carry out the prescribed procedure; or

qualified under the regulations to carry out the prescribed procedure.

Commonwealth offence means:

(a) an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the Defence Force Discipline Act 1982; or

a State offence that has a federal aspect.

investigating official means:

a member or special member of the Australian Federal Police; or

a member of the police force of a State or Territory; or

a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences.

prescribed procedure means a procedure specified by regulations made for the purposes of subsection (2) to be a prescribed procedure for determining a person’s age.

may involve the operation of particular equipment that is specified for the purpose; and

must require that equipment to be operated by an appropriately qualified person.

an investigating official suspects, on reasonable grounds, that a person may have committed a Commonwealth offence; and

it is necessary to determine whether or not the person is, or was, at the time of the alleged commission of the offence, under 18 because that question is relevant to the rules governing the person’s detention, the investigation of the offence or the institution of criminal proceedings;

the investigating official may, whether or not the person is in custody at the time, arrange for the carrying out of a prescribed procedure in respect of the person only if:

the investigating official obtains, in accordance with section 3ZQC, the requisite consents to the carrying out of the procedure in respect of the person; or

a magistrate orders, on application by the investigating official, the carrying out of the procedure in respect of the person.

in person; or

by telephone, telex, fax or other electronic means.

there are reasonable grounds for the suspicion that the person has committed a Commonwealth offence; and

there is uncertainty as to whether or not the person is, or was, at the time of the alleged commission of the offence, under 18; and

the uncertainty will need to be resolved in order to determine the application of the rules governing the person’s detention, the investigation of the offence or the institution of criminal proceedings.

the person in respect of whom it is sought to carry out the procedure;

either:

a parent or guardian of the person; or

if a parent or guardian is not available or is not acceptable to the person—an independent adult person (other than an investigating official involved in the investigation of the person) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.

the purpose and reasons for which the prescribed procedure is to be carried out; and

the nature of the procedure; and

if the procedure involves the operation of particular equipment—the nature of that equipment; and

that the information obtained from the carrying out of the procedure could affect the manner of dealing with the person on whom the procedure is to be carried out; and

the known risks (if any) that would be posed to the health of the person on whom the procedure is to be carried out; and

that the persons giving the requisite consent may withdraw that consent at any time; and

that the seeking of the requisite consent and any giving of such consent was being, or would be, recorded; and

that the persons giving the requisite consent are each entitled to a copy of that record; and

that the person on whom the procedure is to be carried out may have, so far as is reasonably practicable, a person of his or her choice present while the procedure is carried out.

in person; or